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| Entry into force: | 26 June 1987, in accordance with article 27 (1)1. |
| Registration: | 26 June 1987, No. 24841. |
| Status: | Signatories: 66 ,Parties: 118. |
| Text: | United Nations, Treaty Series, vol. 1465, p. 85. |
Note: The Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, was adopted by resolution 39-462 of 10 December 1984 at the thirty-ninth session of the General Assembly of the United Nations. The Convention is open for signature by all States, in accordance with its article 25.
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| Participant | Signature | Ratification, Accession (a), Succession (d) |
| Afghanistan | 4 Feb 1985 | 1 Apr 1987 |
| Albania | 11 May 1994 a | |
| Algeria | 26 Nov 1985 | 12 Sep 1989 |
| Antigua and Barbuda | 19 Jul 1993 a | |
| Argentina | 4 Feb 1985 | 24 Sep 1986 |
| Armenia | 13 Sep 1993 a | |
| Australia | 10 Dec 1985 | 8 Aug 1989 |
| Austria | 14 Mar 1985 | 29 Jul 1987 |
| Azerbaijan | 16 Aug 1996 a | |
| Bahrain | 6 Mar 1998 a | |
| Bangladesh | 5 Oct 1998 a | |
| Belarus | 19 Dec 1985 | 13 Mar 1987 |
| Belgium | 4 Feb 1985 | 25 Jun 1999 |
| Belize | 17 Mar 1986 a | |
| Benin | 12 Mar 1992 a | |
| Bolivia | 4 Feb 1985 | 12 Apr 1999 |
| Bosnia and Herzegovina | 1 Sep 1993 a | |
| Brazil | 23 Sep 1985 | 28 Sep 1989 |
| Bulgaria | 10 Jun 1986 | 16 Dec 1986 |
| Burkina Faso | 4 Jan 1999 a | |
| Burundi | 18 Feb 1993 a | |
| Cambodia | 15 Oct 1992 a | |
| Cameroon | 19 Dec 1986 a | |
| Canada | 23 Aug 1985 | 24 Jun 1987 |
| Cape Verde | 4 Jun 1992 a | |
| Chad | 9 Jun 1995 a | |
| Chile | 23 Sep 1987 | 30 Sep 1988 |
| China3 | 12 Dec 1986 | 4 Oct 1988 |
| Colombia | 10 Apr 1985 | 8 Dec 1987 |
| Costa Rica | 4 Feb 1985 | 11 Nov 1993 |
| Côte d'Ivoire | 18 Dec 1995 a | |
| Croatia | 12 Oct 1992 d | |
| Cuba | 27 Jan 1986 | 17 May 1995 |
| Cyprus | 9 Oct 1985 | 18 Jul 1991 |
| Czech Republic4 | 22 Feb 1993 d | |
| Democratic Republic of the Congo | 18 Mar 1996 a | |
| Denmark | 4 Feb 1985 | 27 May 1987 |
| Dominican Republic | 4 Feb 1985 | |
| Ecuador | 4 Feb 1985 | 30 Mar 1988 |
| Egypt | 25 Jun 1986 a | |
| El Salvador | 17 Jun 1996 a | |
| Estonia | 21 Oct 1991 a | |
| Ethiopia | 14 Mar 1994 a | |
| Finland | 4 Feb 1985 | 30 Aug 1989 |
| France | 4 Feb 1985 | 18 Feb 1986 |
| Gabon | 21 Jan 1986 | |
| Gambia | 23 Oct 1985 | |
| Georgia | 26 Oct 1994 a | |
| Germany5,6 | 13 Oct 1986 | 1 Oct 1990 |
| Greece | 4 Feb 1985 | 6 Oct 1988 |
| Guatemala | 5 Jan 1990 a | |
| Guinea | 30 May 1986 | 10 Oct 1989 |
| Guyana | 25 Jan 1988 | 19 May 1988 |
| Honduras | 5 Dec 1996 a | |
| Hungary | 28 Nov 1986 | 15 Apr 1987 |
| Iceland | 4 Feb 1985 | 23 Oct 1996 |
| India | 14 Oct 1997 | |
| Indonesia | 23 Oct 1985 | 28 Oct 1998 |
| Ireland | 28 Sep 1992 | |
| Israel | 22 Oct 1986 | 3 Oct 1991 |
| Italy | 4 Feb 1985 | 12 Jan 1989 |
| Japan | 29 Jun 1999 a | |
| Jordan | 13 Nov 1991 a | |
| Kazakhstan | 26 Aug 1998 a | |
| Kenya | 21 Feb 1997 a | |
| Kuwait | 8 Mar 1996 a | |
| Kyrgyzstan | 5 Sep 1997 a | |
| Latvia | 14 Apr 1992 a | |
| Libyan Arab Jamahiriya | 16 May 1989 a | |
| Liechtenstein | 27 Jun 1985 | 2 Nov 1990 |
| Lithuania | 1 Feb 1996 a | |
| Luxembourg | 22 Feb 1985 | 29 Sep 1987 |
| Malawi | 11 Jun 1996 a | |
| Mali | 26 Feb 1999 a | |
| Malta | 13 Sep 1990 a | |
| Mauritius | 9 Dec 1992 a | |
| Mexico | 18 Mar 1985 | 23 Jan 1986 |
| Monaco | 6 Dec 1991 a | |
| Morocco | 8 Jan 1986 | 21 Jun 1993 |
| Mozambique | 14 Sep 1999 a | |
| Namibia | 28 Nov 1994 a | |
| Nepal | 14 May 1991 a | |
| Netherlands7 | 4 Feb 1985 | 21 Dec 1988 |
| New Zealand | 14 Jan 1986 | 10 Dec 1989 |
| Nicaragua | 15 Apr 1985 | |
| Niger | 5 Oct 1998 a | |
| Nigeria | 28 Jul 1988 | |
| Norway | 4 Feb 1985 | 9 Jul 1986 |
| Panama | 22 Feb 1985 | 24 Aug 1987 |
| Paraguay | 23 Oct 1989 | 12 Mar 1990 |
| Peru | 29 May 1985 | 7 Jul 1988 |
| Philippines | 18 Jun 1986 a | |
| Poland | 13 Jan 1986 | 26 Jul 1989 |
| Portugal17 | 4 Feb 1985 | 9 Feb 1989 |
| Republic of Korea | 9 Jan 1995 a | |
| Republic of Moldova | 28 Nov 1995 a | |
| Romania | 18 Dec 1990 a | |
| Russian Federation | 10 Dec 1985 | 3 Mar 1987 |
| Saudi Arabia | 23 Sep 1997 a | |
| Senegal | 4 Feb 1985 | 21 Aug 1986 |
| Seychelles | 5 May 1992 a | |
| Sierra Leone | 18 Mar 1985 | |
| Slovakia4 | 28 May 1993 d | |
| Slovenia | 16 Jul 1993 a | |
| Somalia | 24 Jan 1990 a | |
| South Africa | 29 Jan 1993 | 10 Dec 1998 |
| Spain | 4 Feb 1985 | 21 Oct 1987 |
| Sri Lanka | 3 Jan 1994 a | |
| Sudan | 4 Jun 1986 | |
| Sweden | 4 Feb 1985 | 8 Jan 1986 |
| Switzerland | 4 Feb 1985 | 2 Dec 1986 |
| Tajikistan | 11 Jan 1995 a | |
| the former Yugoslav Republic of Macedonia | 12 Dec 1994 d | |
| Togo | 25 Mar 1987 | 18 Nov 1987 |
| Tunisia | 26 Aug 1987 | 23 Sep 1988 |
| Turkey | 25 Jan 1988 | 2 Aug 1988 |
| Turkmenistan | 25 Jun 1999 a | |
| Uganda | 3 Nov 1986 a | |
| Ukraine | 27 Feb 1986 | 24 Feb 1987 |
| United Kingdom of Great Britain and Northern Ireland3,8 | 15 Mar 1985 | 8 Dec 1988 |
| United States of America9 | 18 Apr 1988 | 21 Oct 1994 |
| Uruguay | 4 Feb 1985 | 24 Oct 1986 |
| Uzbekistan | 28 Sep 1995 a | |
| Venezuela | 15 Feb 1985 | 29 Jul 1991 |
| Yemen | 5 Nov 1991 a | |
| Yugoslavia | 18 Apr 1989 | 10 Sep 1991 |
| Zambia | 7 Oct 1998 a |
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While ratifying the above-mentioned Convention, the Democratic Republic of Afghanistan, invoking paragraph 1 of the article 28, of the Convention, does not recognize the authority of the committee as foreseen in the article 20 of the Convention.
Also according to paragraph 2 of the article 30, the Democratic Republic of Afghanistan, will not be bound to honour the provisions of paragraph 1 of the same article since according to that paragraph 1 the compulsory submission of disputes in connection with interpretation or the implementation of the provisions of this Convention by one of the parties concerned to the International Court of Justice is deemed possible. Concerning to this matter, it declares that the settlement of disputes between the States Parties, such disputes may be referred to arbitration or to the International Court of Justice with the consent of all the Parties concerned and not by one of the Parties.
"1. Austria will establish its jurisdiction in accordance with article 5 of the Convention irrespective of the laws applying to the place where the offence occurred, but in respect of paragraph 1 (c) only if prosecution by a State having jurisdiction under para graph 1 (a) or paragraph 1 (b) is not to be expected.
"2. Austria regards article 15 as the legal basis for the inadmissibility provided for therein of the use of statements which are established to have been made as a result of torture."
Reservations
...
2. The State of Bahrain does not consider itself bound by paragraph 1 of article 30 of the Convention.
Declaration:
"The Government of the People's Republic of Bangladesh will apply article 14 para 1 in consonance with the existing laws and legislation in the country."
Reservations made upon signature and confirmed upon ratification:
The Byelorussian Soviet Socialist Republic does not recognize the competence of the Committee against Torture as defined by article 20 of the Convention.
Upon signature:
...
2. The Government of Chile does not consider itself bound by the provisions of article 30, paragraph 1, of the Convention.
3. The Government of Chile reserve the right to formulate, upon ratifying the Convention, any declarations or reservations it may deem necessary in the light of its domestic law.
Upon ratification:
The Government of Chile declares that in its relations with American States that are Parties to the Inter-American Convention to Prevent and Punish Torture, it will apply that Convention in cases where its provisions are incompatible with those of the present Convention.
...
Reservations made upon signature and confirmed upon ratification:
"(1) The Chinese Government does not recognize the competence of the Committee against Torture as provided for in article 20 of the Convention.
"(2) The Chinese Government does not consider itself bound by paragraph l of article 30 of the Convention."
Declarations:
The Government of the Republic of Cuba deplores the fact that even after the adoption of General Assembly resolution 1514 (XV) containing the Declaration on the granting of independence to colonial countries and peoples, a provision such as paragraph 1 of article 2 was included in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
The Government of the Republic declares, in accordance with article 28 of the Convention, that the provisions of paragraphs 1, 2 and 3 of article 20 of the Convention will have to be invoked in strict compliance with the principle of the sovereignty of States and implemented with the prior consent of the States Parties.
In connection with the provisions of article 30 of the Convention, the Government of the Republic of Cuba is of the view that any dispute between Parties should be settled by negotiation through the diplomatic channel.
Reservation:
declares that, in accordance with the provisions of article 42 of its Political Constitution, it will not permit extradition of its nationals.
Reservation:
The Government of France declares in accordance with article 30, paragraph 2, of the Convention, that it shall not be bound by the provisions of paragraph 2 of [article 30].
Upon signature:
The Government of the Federal Republic of Germany reserves the right to communicate, upon ratification, such reservations or declarations of interpretation as are deemed necessary especially with respect to the applicability of article 3.
Upon ratification:
Article 3
This provision prohibits the transfer of a person directly to a State where this person is exposed to a concrete danger of being subjected to torture. In the opinion of the Federal Republic of Germany, article 3 as well as the other provisions of the Convention exclusively establish State obligations that are met by the Federal Republic of Germany in conformity with the provisions of its domestic law which is in accordance with the Convention.
Declaration:
"The Government of the Republic of Indonesia declares that the provisions of paragraphs 1, 2, and 3 of article 20 of the Convention will have to be implemented in strict compliance with the principles of the sovereignty and territorial integrity of States.
Reservation:
The Government of the Republic of Indonesia does not consider itself bound by the provision of article 30, paragraph 1, and takes the position that disputes relating to the interpretation and application of the Convention which cannot be settled through the channel provided for in paragraph 1 of the said article, may be referred to the International Court of Justice only with the consent of all parties to the disputes."
Reservations:
"1. In accordance with article 28 of the Convention, the State of Israel hereby declares that it does not recognize the competence of the Committee provided for in article 20.
"2. In accordance with paragraph 2 of article 30, the State of Israel hereby declares that it does not consider itself bound by paragraph 1 of that article."
Reservation:
"With reservations as to article (20) and the provision of paragraph (1) from article (30) of the Convention."
Interpretative declaration:
Article l
The Grand Duchy of Luxembourg hereby declares that the only "lawful sanctions" that it recognizes within the meaning of article 1, paragraph 1, of the Convention are those which are accepted by both national law and international law.
Reservation:
In accordance with paragraph 2 of article 30 of the Convention, the Principality of Monaco declares that it does not consider itself bound by paragraph 1 of that article.
Declaration made upon signature and confirmed upon ratification:
Declaration:
The Government of the Kingdom of Morocco does not recognize the competence of the Committee provided for in article 20.
The Government of the Kingdom of Morocco does not consider itself bound by paragraph 1 of the same article.
Interpretative declaration with respect to article 1:
"It is the understanding of the Government of the Kingdom of the Netherlands that the term "lawful sanctions" in article 1, paragraph 1, must be understood as referring to those sanctions which are lawful not only under national law but also under international law."
Reservation:
"The Government of New Zealand reserves the right to award compensation to torture victims referred to in article 14 of the Convention Against Torture only at the discretion of the Attorney-General of New Zealand."
The Republic of Panama declares in accordance with article 30, paragraph 2 of the Convention that it does not consider itself bound by the provisions of paragraph 1 of the said article.
Upon signature:
Under article 28, the Polish People's Republic does not consider itself bound by article 20 of the Convention.
Furthermore, the Polish People's Republic does not consider itself bound by article 30, paragraph 1, of the Convention.
Reservations:
The Kingdom of Saudi Arabia does not recognize the jurisdiction of the Committee as provided for in article 20 of this Convention.
The Kingdom of Saudi Arabia shall not be bound by the provisions of paragraph (1) of article 30 of this Convention.
Declaration:
"[The Republic of South Africa declares that] it recognises, for the purposes of article 30 of the Convention, the competence of the International Court of Justice to settle a dispute between two or more State Parties regarding the interpretation or application of the Convention, respectively."
Upon signature:
The Government of the Togolese Republic reserves the right to formulate, upon ratifying the Convention, any reservations or declarations which it might consider necessary.
Upon signature:
The Government of Tunisia reserves the right to make at some later stage any reservation or declaration which it deems necessary, in particular with regard to articles 20 and 21 of the said Convention.
Upon ratification:
[The Government of Tunisia] confirms that the reservations made at the time of signature of the Convention on Tunisia's behalf on 26 August 1987 have been completely withdrawn.
Reservation:
"The Government of Turkey declares in accordance with article 30, paragraph 2, of the Convention, that it does not consider itself bound by the provisions of paragraph 1 of this article."
Reservations made upon signature and confirmed upon ratification:
[Same reservations, mutatis mutandis, as those made by Belarus.]
Upon signature:
"The United Kingdom reserves the right to formulate, upon ratifying the Convention, any reservations or interpretative declarations which it might consider necessary."
Upon signature :
Declaration:
"The Government of the United States of America reserves the right to communicate, upon ratification, such reservations, interpretive understandings, or declarations as are deemed necessary."
Upon ratification :
Reservations:
"I. The Senate's advice and consent is subject to the following reservations:
(1) That the United States considers itself bound by the obligation under article 16 to prevent `cruel, inhuman or degrading treatment or punishment', only insofar as the term `cruel, inhuman or degrading treatment or punishment' means the cruel, unusual and inhumane treatment or punishment prohibited by the Fifth, Eighth, and-or Fourteenth Amendments to the Constitution of the United States.
(2) That pursuant to article 30 (2) the United States declares that it does not consider itself bound by Article 30 (1), but reserves the right specifically to agree to follow this or any other procedure for arbitration in a particular case.
II. The Senate's advice and consent is subject to the following understandings, which shall apply to the obligations of the United States under this Convention:
(1) (a) That with reference to article 1, the United States understands that, in order to constitute torture, an act must be specifically intended to inflict severe physical or mental pain or suffering and that mental pain or suffering refers to prolonged mental harm caused by or resulting from (1) the intentional infliction or threatened infliction of severe physical pain or suffering; (2) the administration or application, or threatened administration or application, of mind altering substances or other procedures calculated to disrupt profoundly the senses or the personality; (3) the threat of imminent death; or (4) the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind altering substances or other procedures calculated to disrupt profoundly the senses or personality.
(b) That the United States understands that the definition of torture in article 1 is intended to apply only to acts directed against persons in the offender's custody or physical control.
(c) That with reference to article 1 of the Convention, the United States understands that `sanctions' includes judicially-imposed sanctions and other enforcement actions authorized by United States law or by judicial interpretation of such law. Nonetheless, the United States understands that a State Party could not through its domestic sanctions defeat the object and purpose of the Convention to prohibit torture.
(d) That with reference to article 1 of the Convention, the United States understands that the term `acquiescence' requires that the public official, prior to the activity constituting torture, have awareness of such activity and thereafter breach his legal responsibility to intervene to prevent such activity.
(e) That with reference to article 1 of the Convention, the Unites States understands that noncompliance with applicable legal procedural standards does not per se constitute torture.
(2) That the United States understands the phrase, `where there are substantial grounds for believing that he would be in danger of being subjected to torture,' as used in article 3 of the Convention, to mean `if it is more likely than not that he would be tortured.'
(3) That it is the understanding of the United States that article 14 requires a State Party to provide a private right of action for damages only for acts of torture committed in territory under the jurisdiction of that State Party.
(4) That the United States understands that international law does not prohibit the death penalty, and does not consider this Convention to restrict or prohibit the United States from applying the death penalty consistent with the Fifth, Eighth and-or Fourteenth Amendments to the Constitution of the United States, including any constitutional period of confinement prior to the imposition of the death penalty.
(5) That the United States understands that this Convention shall be implemented by the United States Government to the extent that it exercises legislative and judicial jurisdiction over the matters covered by the Convention and otherwise by the state and local governments. Accordingly, in implementing articles 10-14 and 16, the United States Government shall take measures appropriate to the Federal system to the end that the competent authorities of the constituent units of the United States of America may take appropriate measures for the fulfilment of the Convention.
III. The Senate's advice and consent is subject to the following declarations:
(1) That the United States declares that the provisions of articles 1 through 16 of the Convention are not self-executing.
27 February 1996
With regard to the reservations, understandings and declarations made by the United States of America upon ratification:
"A reservation which consists of a general reference to national law without specifying its contents does not clearly define to the other Parties of the Convention the extent to which the reserving State commits itself to the Convention and therefore may cast doubts about the commitment of the reserving State to fulfil its obligations under the Convention. Such a reservation is also, in the view of the Government of Finland, subject to the general principle to treaty interpretation according to which a party may not invoke the provisions of its internal law as justification for failure to perform a treaty.
The Government of Finland therefore objects to the reservation made by the United States to article 16 of the Convention [(cf. Reservation I.(1)]. In this connection the Government of Finland would also like to refer to its objection to the reservation entered by the United States with regard to article 7 of the International Covenant on Civil and Political Rights. [For the text of the objection see under "Objections" in chapter IV.4]. It is also the view of the Government of Finland that the understandings expressed by the United States do not release the United States as a Party to the Convention from the responsibility to fulfil the obligations undertaken therein."
30 September 1999
With regard to the declaration made by Bangladesh upon accession:
The Government of France notes that the declaration made by Bangladesh in fact constitutes a reservation since it is aimed at precluding or modifying the legal effect of certain provisions of the treaty. A reservation which consists in a general reference to domestic law without specifying its contents does not clearly indicate to the other parties to what extent the State which issued the reservation commits itself when acceding to the Convention. The Government of France considers the reservation of Bangladesh incompatible with the objective and purpose of the treaty, in respect of which the provisions relating to the right of victims of acts of torture to obtain redress and compensation, which ensure the effectiveness and tangible realization of obligations under the Convention, are essential, and consequently lodges an objection to the reservation entered by Bangladesh regarding article 14, paragraph 1. This objection does not prevent the entry into force of the Convention between Bangladesh and France.
26 February 1996
With regard to the reservations, understandings and declarations made by the United States of America upon ratification:
"The Government of the Netherlands considers the reservation made by the United States of America regarding the article 16 of [the Convention] to be incompatible with the object and purpose of the Convention, to which the obligation laid down in article 16 is essential. Moreover, it is not clear how the provisions of the Constitution of the United States of America relate to the obligations under the Convention. The Government of the Kingdom of the Netherlands therefore objects to the said reservation. This objection shall not preclude the entry into force of the Convention between the Kingdom of the Netherlands and the United States of America.
The Government of the Kingdom of the Netherlands considers the following understandings to have no impact on the obligations of the United States of America under the Convention:
II. 1 a This understanding appears to restrict the scope of the definition of torture under article 1 of the Convention.
1 d This understanding diminishes the continuous responsibility of public officials for behaviour of their subordinates.
The Government of the Kingdom of the Netherlands reserves its position with regard to the understandings II. 1b, 1c and 2 as the contents thereof are insufficiently clear.
27 February 1996
With regard to the reservations, understandings and declarations made by the United States of America upon ratification:
"The Government of Sweden would like to refer to its objections to the reservations entered by the United States of America with regard to article 7 of the International Covenant on Civil and Political Rights. [For the text of the objections see under "Objections" in chapter IV.4]. The same reasons for objection apply to the now entered reservation with regard to article 16 reservation I (1) of [the Convention]. The Government of Sweden therefore objects to that reservation.
It is the view of the Government of Sweden that the understandings expressed by the United States of America do not relieve the United States of America as a party to the Convention from the responsibility to fulfil the obligations undertaken therein."
Article 21
The Algerian Government declares, pursuant to article 21 of the Convention, that it recognizes the competence of the Committee Against Torture to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under this Convention.
Article 22
The Algerian Government declares, pursuant to article 22 of the Convention, that it recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention.
The Argentine Republic recognizes the competence of the Committee against Torture to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under this Convention. It also recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention.
28 January 1993
"The Government of Australia hereby declares that it recognises, for and on behalf of Australia, the competence of the Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the aforesaid Convention; and
The Government of Australia hereby declares that it recognises, for and on behalf of Australia, the competence of the Committee to receive and consider communications from or on behalf of individuals subject to Australia's jurisdiction who claim to be victims of a violation by a State Party of the provisions of the aforesaid Convention."
"Austria recognizes the competence of the Committee against Torture to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under this Convention.
"Austria recognizes the competence of the Committee against Torture to receive and consider communications from or on behalf of individuals subject to Austrian jurisdiction who claim to be victims of a violation of the provisions of the Convention."
In accordance with article 21, paragraph 1, of the Convention, Belgium declares that it recognizes the competence of the Committee against Torture to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the Convention."
In accordance with article 22, paragraph 1, of the Convention, Belgium declares that it recognizes the competence of the Committee against Torture to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention.
12 May 1993
"The Republic of Bulgaria declares that in accordance with article 21 (2) of the Convention it recognizes the competence of the Committee against Torture to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under this Convention."
The Republic of Bulgaria declares that in accordance with article 22 (1) of the Convention it recognizes the competence of the Committee against Torture to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of this Convention."
13 November 1989
"The Government of Canada declares that it recognizes the competence of the Committee Against Torture, pursuant to article 21 of the said Convention, to receive and consider communications to the effect that a state party claims that another state party is not fulfilling its obligations under this Convention.
"The Government of Canada also declares that it recognizes the competence of the Committee Against Torture, pursuant to article 22 of the said Convention, to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a state party of the provisions of the Convention."
"[The] Republic of Croatia . . . accepts the competence of the Committee in accordance with articles 21 and 22 of the said Convention."
8 April 1993
"The Republic of Cyprus recognizes the competence of the Committee established under article 17 of the Convention [...]:
I. to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the Convention (article 21), and
II. to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention (Article 22)."
3 September 1996
The Czech Republic declares that in accordance with article 21, paragraph 1, of the Convention that it recognizes the competence of the Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under this Convention.
The Czech Republic declares, in accordance with article 22, paragraph 1, of the Convention, it recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals within its jurisdiction who claim to be victims of violation by a State Party of the provisions of the Convention.
"The Government of Denmark [. . .] recognizes the competence of the Committee to receive and consider communications to the effect that the State Party claims that another State Party is not fulfilling its obligations under this Convention.
"The Government of Denmark [. . .] recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention."
6 September 1988
The Ecuadorian State, pursuant to article 21 of the International Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, recognizes the competence of the Committee against Torture to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the Convention; it also recognizes in regard to itself the competence of the Committee, in accordance with article 21.
It further declares, in accordance with the provisions of article 22 of the Convention, that it recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention.
"Finland declares that it recognizes fully the competence of the Committee against Torture as specified in article 21, paragraph 1 and article 22, paragraph 1 of the Convention."
23 June 1988
The Government of France declares [. . .] that it recognizes the competence of the Committee against Torture to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the Convention.
The Government of France declares [. . .] that it recognizes the competence of the Committee against Torture to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention.
Article 21
The Hellenic Republic declares, pursuant to article 21, paragraph 1, of the Convention, that it recognizes the competence of the Committee against Torture to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the Convention.
Article 22
The Hellenic Republic declares, pursuant to article 22, paragraph 1, of the Convention, that it recognizes the competence of the Committee against Torture to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claims to be victims of a violation by a State Party of the provisions of the Convention.
13 September 1989
[The Government of Hungary] recognizes the competence of the Committee against Torture provided for in articles 21 and 22 of the Convention.
23 October 1996
"[The Government of Iceland declares], pursuant to article 21, paragraph 1, of the [said] Convention, that Iceland recognizes the competence of the Committee against Torture to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the Convention and, pursuant to article 22, paragraph 1, of the Convention, that Iceland recognizes the competence of the Committee against Torture to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention."
10 October 1989
"Article 21: Italy hereby declares, in accordance with article 21, paragraph 1, of the Convention, that it recognizes the competence of the Committee against torture to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under this Convention;
"Article 22: Italy hereby declares, in accordance with article 22, paragraph 1, of the Convention, that it recognizes the competence of the Committee against torture to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of violations by a State Party of the provisions of the Convention."
"The Government of Japan declares under article 21 of the Convention that it recognizes the competence of the Committee against Torture to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under this Convention."
The Principality of Liechtenstein recognizes, in accordance with article 21, paragraph 1, of the Convention, the competence of the Committee against Torture to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under this Convention.
The Principality of Liechtenstein recognizes in accordance with article 22, paragraph 1, the competence of the Committee against Torture to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention.
Article 21
The Grand Duchy of Luxembourg hereby declares [. . .] that it recognizes the competence of the Committee against Torture to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under this Convention.
Article 22
The Grand Duchy of Luxembourg hereby declares [. . .] that it recognizes the competence of the Committee against Torture to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention.
The Government of Malta fully recognizes the competence of the Committee against Torture as specified in article 21, paragraph 1, and article 22, paragraph 1, of the Convention.
In accordance with article 21, paragraph 1, of the Convention, the Principality of Monaco declares that it recognizes the competence of the Committee against Torture to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under this Convention.
In accordance with article 22, paragraph 1, of the Convention, the Principality of Monaco declares, that it recognizes the competence of the Committee against Torture to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention.
"With respect to article 21:
The Government of the Kingdom of the Netherlands hereby declares that it recognizes the competence of the Committee against Torture under the conditions laid down in article 21, to receive and consider communications to the effect that another State Party claims that the Kingdom is not fulfilling its obligations under this Convention;
"With respect to article 22:
The Government of the Kingdom of the Netherlands hereby declares that it recognizes the competence of the Committee against Torture, under the conditions laid down in article 22, to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by the Kingdom of the provisions of the Convention."
"1. In accordance with article 21, paragraph 1, of the Convention, [the Government of New Zealand declares] that it recognises the competence of the Committee Against Torture to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the Convention; and
"2. In accordance with article 22, paragraph 1, of the Convention, [the Government of New Zealand] recognises the competence of the Committee Against Torture to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention."
"Norway recognizes the competence of the Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under this Convention.
"Norway recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention."
12 May 1993
"The Government of the Republic of Poland, in accordance with articles 21 and 22 of the Convention, recognizes the competence of the Committee against Torture to receive and consider communications to the effect that a State Party claims that the Republic of Poland is not fulfilling its obligations under the Convention or communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by the Republic of Poland of the provisions of the Convention."
"Article 21
Portugal hereby declares, in accordance with article 21, paragraph 1, of the Convention, that it recognizes the competence of the Committee Against Torture to receive and consider communications to the effect that the State Party claims that another State Party is not fulfilling its obligations under this Convention.
"Article 22
Portugal hereby declares, in accordance with article 22, paragraph 1 of the Convention, that it recognizes the competence of the Committee Against Torture to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of violation by State Party of the provisions of the Convention."
1 October 1991
The Union of Soviet Socialist Republics declares that, pursuant to article 21 of the Convention, it recognizes the competence of the Committee against Torture to receive and consider communications in respect of situations and events occurring after the adoption of the present declaration, to the effect that a State Party claims that another State Party is not fulfilling its obligations under the Convention.
The Union of Soviet Socialist Republics also declares that, pursuant to article 22 of the Convention, it recognizes the competence of the Committee to receive and consider communications in respect of situations or events occurring after the adoption of the present declaration, from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention.
16 October 1996
The Government of the Republic of Senegal declares, in accordance with article 21, paragraph 1, of the Convention that it recognizes the competence of the Committee against Torture to receive and consider communciations to the effect that a State Party claims that another State Party is not fulfilling its obligations under this Convention.
The Government of the Republic of Senegal declares, in accordance with article 22, paragraph 1, of the Convention that it recognizes the competence of the Committee against Torture to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention.
17 March 1995
"The Slovak Republic, pursuant to article 21 of the [said Convention] recognizes the competence of the Committee against Torture to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under this Convention."
"The Slovak Republic further declares, pursuant to article 22 of the Convention, that it recognizes the competence of the Committee to receive and consider communications from individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention."
"1. The Republic of Slovenia declares that it recognizes the competence of the Committee against Torture, pursuant to article 21 of the said Convention, to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under this Convention.
2. The Republic of Slovenia also declares that it recognizes the competence of the Committee against Torture, pursuant to article 22 of the said Convention, to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention."
"The Republic of South Africa declares that:
(a) it recognises, for the purposes of article 21 of the Convention, the competence of the Committee Against Torture to receive and consider communications that a State Party claims that another State Party is not fulfilling its obligations under the Convention;
(b) it recognises, for the purposes of article 22 of the Convention, the competence of the Committee Against Torture to receive and consider communications from, or on behalf of individuals who claim to be victims of torture by a State Party.
Spain declares that, pursuant to article 21, paragraph 1, of the Convention, it recognizes the competence of the Committee to receive and consider communications to the effect that a State Party claims that the Spanish State is not fulfilling its obligations under this Convention. It is Spain's understanding that, pursuant to the above-mentioned article, such communications shall be accepted and processed only if they come from a State Party which has made a similar declaration.
Spain declares that, pursuant to article 22, paragraph l, of the Convention, it recognizes the competence of the Committee to receive and consider communications sent by, or on behalf of, persons subject to Spanish jurisdiction who claim to be victims of a violation by the Spanish State of the provisions of the Convention. Such communications must be consistent with the provisions of the above-mentioned article and, in particular, of its paragraph 5.
"Sweden recognizes the competence of the Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under this Convention.
"Sweden recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention."
(a) Pursuant to the Federal Decree of 6 October 1986 on the approval of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Federal Council declares, in accordance with article 21, paragraph 1, of the Convention, that Switzerland recognizes the competence of the Committee against Torture to receive and consider communications to the effect that a State Party claims that Switzerland is not fulfilling its obligations under this Convention.
(b) Pursuant to the above-mentioned Federal Decree, the Federal Council declares, in accordance with article 22, paragraph 1, of the Convention, that Switzerland recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by Switzerland of the provisions of the Convention.
The Government of the Republic of Togo recognizes the competence of the Committee against Torture to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under this Convention.
The Government of the Republic of Togo recognizes the competence of the Committee against Torture to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention.
[The Government of Tunisia] declares that it recognizes the competence of the Committee Against Torture provided for in article 17 of the Convention to receive communications pursuant to articles 21 and 22, thereby withdrawing any reservation made on Tunisia's behalf in this connection.
"The Government of Turkey declares, pursuant to article 21, paragraph 1, of the Convention that it recognizes the competence of the Committee Against Torture to receive and consider communications to the effect that a State Party is not fulfilling its obligations under the Convention.
The Government of Turkey declares, pursuant to article 22, paragraph 1, of the Convention that it recognizes the competence of the Committee Against Torture to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention."
"The Government of the United Kingdom declares under article 21 of the said Convention that it recognizes the competence of the Committee Against Torture to receive and consider communications submitted by another State Party, provided that such other State Party has, not less than twelve months prior to the submission by it of a communication in regard to the United Kingdom, made a declaration under article 21 recognizing the competence of the Committee to receive and consider communications in regard to itself."
"The United States declares, pursuant to article 21, paragraph 1, of the Convention, that it recognizes the competence of the Committee against Torture to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the Convention. It is the understanding of the United States that, pursuant to the above-mentioned article, such communications shall be accepted and processed only if they come from a State Party which has made a similar declaration."
27 July 1988
The Government of Uruguay recognizes the competence of the Committee Against Torture to receive and consider communications referring to the said articles [21 and 22].
26 April 1994
"The Government of the Republic of Venezuela recognizes the competence of the Committee against Torture as provided for under articles 21 and 22 of the Convention."
"Yugoslavia recognizes, in compliance with article 21, paragraph 1 of the Convention, the competence of the Committee against Torture to receive and consider communications in which one State Party to the Convention claims that another State Party does not fulfil the obligations pursuant to the Convention;
"Yugoslavia recognizes, in conformity with article 22, paragraph 1 of the Convention, the competence of the Committee against Torture to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention."
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1. Including the provisions of articles 21 and 22 concerning the competence of the Committee against Torture, more than five States having, prior to that date, declared that they recognized the competence of the Committee against Torture, in accordance with the said articles.
2. Official Records of the General Assembly of the United Nations, Thirty-ninth session, Supplement No. 51 (A-39-51), p. 197.
3. On 10 June 1997, the Governments of China and the United Kingdom of Great Britain and Northern Ireland notified the Secretary-General of the following:
In addition, the notification made by the Government of China contained the following declaration:
The reservations made by the Government of the People's Republic of China to article 20 and paragraph 1 of article 30 of the Convention will also apply to the Hong Kong Special Administrative Region.
4. Czechoslovakia had signed and ratified the Convention on 8 September 1986 and 7 July 1988, respectively, with the following reservations:
"The Czechoslovak Socialist Republic does not consider itself bound, in accordance with Article 30, paragraph 2, by the provisions of Article 30, paragraph 1, of the Convention."
"The Czechoslovak Socialist Republic does not recognize the competence of the Committee against Torture as defined by article 20 of the Convention."
Subsequently, on 26 April 1991, the Government of Czechoslovakia notified the Secretary-General of its decision to withdraw the reservation with respect to article 30 (1). See also note 11 in chapter I.2.
On 17 March 1995 and 3 September 1996, respectively, the Governments of Slovakia and the Czech Republic notified the Secretary-General that they had decided to withdraw the reservation with respect to article 20 made by Czechoslovakia upon signature, and confirmed upon ratification.
5. The German Democratic Republic had signed and ratified the Convention on 7 April 1986 and 9 September 1987, respectively, with the following reservations and declaration:
Reservations:
The German Democratic Republic declares in accordance with article 28, paragraph 1 of the Convention that it does not recognize the competence of the Committee provided for in article 20.
The German Democratic Republic declares in accordance with article 30, paragraph 2 of the Convention that it does not consider itself bound by paragraph l of this article.
Declaration:
The German Democratic Republic declares that it will bear its share only of those expenses in accordance with article 17, paragraph 7, and article 18, paragraph 5, of the Convention arising from activities under the competence of the Committee as recognized by the German Democratic Republic.
In this regard, the Government of the United Kingdom of Great Britain and Northern Ireland declared, in a letter accompanying its instrument of ratification, the following:
"The Government of the United Kingdom of Great Britain and Northern Ireland has taken note of the reservations formulated by the Government of the German Democratic Republic pursuant to article 28, paragraph 1, and article 30, paragraph 2, respectively, and the declaration made by the German Democratic Republic with reference to article 17, paragraph 7, and article 18, paragraph 5. It does not regard the said declaration as affecting in any way the obligations of the German Democratic Republic as a State Party to the Convention (including the obligations to meet its share of the expenses of the Committee on Torture as apportioned by the first meeting of the States Parties held on 26 November 1987 or any subsequent such meetings) and do not accordingly raise objections to it. It reserves the rights of the United Kingdom in their entirety in the event that the said declaration should at any future time be claimed to affect the obligations of the German Democratic Republic as aforesaid."
Moreover, the Secretary-General had received from the following States, objections to the declaration made by the German Democratic Republic, on the dates indicated hereinafter:
France (23 June 1988):
France makes an objection to [the declaration] which it considers contrary with the object and purpose of the Convention.
The said objection is not an obstacle to the entry into force of the said Convention between France and the German Democratic Republic.
Luxembourg (9 September 1988):
The Grand Duchy of Luxembourg objects to this declaration, which it deems to be a reservation the effect of which would be to inhibit activities of the Committee in a manner incompatible with the purpose and the goal of the Convention.
The present objection does not constitute an obstacle to the entry into force of the said Convention between the Grand Duchy of Luxembourg and the German Democratic Republic.
Sweden (28 September 1988):
"According to article 2, paragraph 1 (d) of the Vienna Convention on the Law of Treaties a unilateral statement, whereby a State e.g. when ratifying a treaty purports to exclude the legal effect of certain provisions of the Treaty in their application, is regarded as a reservation. Thus, such unilateral statements are considered as reservations regardless of their name or phrase. The Government of Sweden has come to the conclusion that the declaration made by the German Democratic Republic is incompatible with the object and purpose of the Convention and therefore is invalid according to article 19 (c) of the Vienna Convention on the Law of Treaties. For this reason the Government of Sweden objects to this declaration."
Austria (29 September 1988):
"The Declaration [. . .] cannot alter or modify, in any respect, the obligations arising from that Convention for all States Parties thereto."
Denmark (29 September 1988):
"The Government of Denmark hereby enters its formal objection to [the declaration] which it considers to be a unilateral statement with the purpose of modifying the legal effect of certain provisions of the Convention against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment in their application to the German Democratic Republic. It is the position of the Government of Denmark that the said declaration has no legal basis in the Convention or in international treaty law.
"This objection is not an obstacle to the entry into force of the said Convention between Denmark and the German Democratic Republic."
Norway (29 September 1988):
"The Government of Norway cannot accept this declaration entered by the German Democratic Republic. The Government of Norway considers that any such declaration is without legal effect, and cannot in any manner diminish the obligation of a government to contribute to the costs of the Committee in conformity with the provisions of the Convention."
Canada (5 October 1988):
The Government of Canada considers that this declaration is incompatible with the object and purpose of the Convention against Torture, and thus inadmissible under article 19 (c) of the Vienna Convention on the Law of Treaties. Through its functions and its activities, the Committee against Torture plays an essential role in the execution of the obligations of States parties to the Convention against Torture. Any restriction whose effect is to hamper the activities of the Committee would thus be incompatible with the object and purpose of the Convention.
Greece (6 October 1988):
The Hellenic Republic raises an objection to [the declaration], which it considers to be in violation of article 19, paragraph (b), of the Vienna Convention on the Law of Treaties. The Convention against Torture expressly sets forth in article 28, paragraph 1, and article 30, paragraph 2, the reservations which may be made. The declaration of the German Democratic Republic is not, however, in conformity with these specified reservations.
This objection does not preclude the entry into force of the said Convention as between the Hellenic Republic and the German Democratic Republic.
Spain (6 October 1988):
. . . The Government of the Kingdom of Spain feels that such a reservation is a violation of article 19, paragraph (b), of the Vienna Convention on the Law of Treaties of 23 May 1969, because the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment sets forth, in article 28, paragraph 1, and article 30, paragraph 2, the only reservations that may be made to the Convention, and the above-mentioned reservation of the German Democratic Republic does not conform to either of those reservations.
Switzerland (7 October 1988):
. . . That reservation is contrary to the purpose and aims of the Convention which are, through the Committee's activities, to encourage respect for a vitally important human right and to enhance the effectiveness of the struggle against torture the world over. This objection does not have the effect of preventing the Convention from entering into force between the Swiss Confederation and the German Democratic Republic.
Italy (12 January 1989):
The Convention authorizes only the reservations indicated in article 28 (1) and 30 (2). The reservation made by the German Democratic Republic is not therefore admissible under the terms of article 19 (b) of the 1969 Vienna Convention on the Law of Treaties.
Portugal (9 February 1989):
". . . The Government of Portugal considers that this declaration is incompatible with the object and purpose of the present Convention. This objection does not constitute an obstacle to the entry into force of the Convention between Portugal and G.D.R."
Australia (8 August 1989):
"The Government of Australia considers that this declaration is incompatible with the object and purpose of the Convention and, accordingly, hereby conveys Australia's objection to the declaration."
Finland (20 October 1989):
". . . The Government of Finland considers that any such declaration is without legal effect, and cannot in any manner diminish the obligation of a government to contribute to the costs of the Committee in conformity with the provisions of the Convention."
New Zealand (10 December 1989):
". . . The Government of New Zealand considers that this declaration is incompatible with the object and purpose of the Convention. This objection does not constitute an obstacle to the entry into force of the Convention between New Zealand and the German Democratic Republic."
Netherlands (21 December 1989):
"This declaration, clearly a reservation according to article 2, paragraph 1, under (d), of the Vienna Convention on the Law of Treaties, not only "purports to exclude or modify the legal effect" of articles 17, paragraph 7, and 18, paragraph 5, of the present Convention in their application to the German Democratic Republic itself, but it would also affect the obligations of the other States Parties which would have to pay additionally in order to ensure the proper functioning of the Committee Against Torture. For this reason the reservation is not acceptable to the Government of the Kingdom of the Netherlands.
"Thus, the assessment of the financial contributions of the States Parties to be made under article 17, paragraph 7, and article 18, paragraph 5, must be drawn up in disregard of the declaration of the German Democratic Republic."
Subsequently, in a communication received on 13 September 1990, the Government of the German Democratic Republic notified the Secretary-General that it had decided to withdraw the reservations, made upon ratification, to articles 17 (7), 18 (5), 20 and 30 (1) of the Convention.
Further, the Government of the German Democratic Republic made the following declaration in respect of articles 21 and 22 of the Convention:
"The German Democratic Republic declares in accordance with article 21, paragraph 1, that it recognizes the competence of the Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under this Convention.
"The German Democratic Republic in accordance with article 22, paragraph 1, declares that it recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention."
See also note 14 in chapter I.2.
6. In a letter accompanying the instrument of ratification, the Government of the Federal Republic of Germany declared that the Convention shall also apply to Berlin (West) with effect from the date on which it enters into force for the Federal Republic of Germany. See also note 5 above.
7. For the Kingdom in Europe, the Netherlands Antilles and Aruba.
8. For the United Kingdom of Great Britain and Northern Ireland, Anguilla, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn, Henderson, Ducie and Oeno Islands, Saint Helena, Saint Helena Dependencies, and Turks and Caicos Islands.
In this connection, on 14 April 1989, the Secretary-General received from the Government of Argentina an objection, identical in essence, mutatis mutandis, as the one made in this regard in note 16 of chapter III.11, however also referring to General Assembly resolutions 41-40, 42-19 and 43-25.
Subsequently, on 17 April 1991, the Secretary-General received from the Government of Argentina the following declaration:
The Argentine Government rejects the extension of the application of the [said] Convention to the Malvinas Islands, effected by the United Kingdom of Great Britain and Northern Ireland on 8 December 1988, and reaffirms the rights of sovereignty of the Argentine Republic over those Islands, which are an integral part of its national territory.
The Argentine Republic recalls that the United Nations General Assembly has adopted resolutions 2065 (XX), 3160 (XXVIII), 31-49, 37-9, 38-12, 39-6, 40-21, 41-40, 42-19 and 43-25, in which it recognizes the existence of a sovereignty dispute and requests the Governments of the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to initiate negotiations with a view to finding the means to resolve peacefully and definitively the pending questions of sovereignty, in accordance with the Charter of the United Nations.
On 9 December 1992, the Government of the United Kingdom of Great Britain and Northern Ireland notified the Secretary-General that the Convention applies to the Bailiwick of Guernsey, the Bailiwick of Jersey, the Isle of Man, Bermuda and Hong Kong (see also note 3 in this chapter).
9. On 3 June 1994, the Secretary-General received a communication from the Government of the United States of America requesting, in compliance with a condition set forth by the Senate of the United States of America, in giving advice and consent to the ratification of the Convention, and in contemplation of the deposit of an instrument of ratification of the Convention by the Government of the United States of America, that a notification should be made to all present and prospective ratifying Parties to the Convention to the effect that:
"... nothing in this Convention requires or authorizes legislation, or other action, by the United States of America prohibited by the Constitution of the United States as interpreted by the United States."
10. In communications received on 8 March 1989, 19 and 20 April 1989, respectively, the Governments of the Union of Soviet Socialist Republics, the Byelorussian Soviet Socialist Republic and the Ukrainian Soviet Socialist Republic notified the Secretary-General that they had decided to withdraw the reservations concerning article 30 (1) made upon ratification. The reservation made by the Union of Soviet Socialist Republics, which is identical in essence, mutatis mutandis, as the one made by the other two Governments, reads as follows:
The Union of Soviet Socialist Republics does not consider itself bound by the provisions of paragraph 1 of article 30 of the Convention.
On 1 October 1991, the Government of the Union of Soviet Socialist Republics notified the Secretary-General that it had decided to withdraw the following reservation with regard to article 20 made upon signature and confirmed upon ratification:
The Union of Soviet Socialist Republics does not recognize the competence of the Committee against Torture as defined by article 20 of the Convention.
11. On 24 June 1992 and 25 June 1999, respectively, the Government of Bulgaria notified the Secretary-General of its decision to withdraw the reservations to article 30 (1) and 20, made upon signature and confirmed upon ratification. For the text of the reservations, see United Nations, Treaty Series, vol. 1465, p. 198.
12. In a communication received on 7 September 1990, the Government of Chile notified the Secretary-General that it had decided to withdraw the declaration made by virtue of article 28 (1) upon signature and confirmed upon ratification by which the Government did not recognize the competence of the Committee against torture as defined by article 20 of the Convention. The Government of Chile further decided to withdraw the following reservations, made upon ratification, to article 2 (3) and article 3, of the Convention:
(a) [To] Article 2, paragraph 3, in so far as it modifies the principle of "obedience upon reiteration" contained in Chilean domestic law. The Government of Chile will apply the provisions of that international norm to subordinate personnel governed by the Code of Military Justice, provided that the order patently intended to lead to perpetration of the acts referred to in article 1 is not insisted on by the superior officer after being challenged by his subordinate.
(b) Article 3, by reason of the discretionary and subjective nature of the terms in which it is drafted.
It will be recalled that the Secretary-General had received various objections to the said declarations from the following States on the dates indicated hereinafter:
Italy (14 August 1989):
The Government of Italy considers that the reservations entered by Chile are not valid, as they are incompatible with the objection and purpose of the Convention. The present objection is in no way an obstacle to the entry into force of this Convention between Italy and Chile.
Denmark (7 September 1989):
"The Danish Government considers the said reservations as being incompatible with the object and purpose of the Convention and therefore invalid.
"This objection is not an obstacle to the entry into force of the said Convention between Denmark and Chile."
Luxembourg (12 September 1989):
. . . The Grand Duchy of Luxembourg objects to the reservations, which are incompatible with the intent and purpose of the Convention.
This objection does not represent an obstacle to the entry into force of the said Convention between the Grand Duchy of Luxembourg and Chile.
Czechoslovakia (20 September 1989):
"The Czechoslovak Socialist Republic considers the reservations of the Government of Chile [. . .] as incompatible with the object and purpose of this Convention.
"The obligation of each State to prevent acts of torture in any territory under its jurisdiction is unexceptional. It is the obligation of each State to ensure that all acts of torture are offences under its criminal law. This obligation is confirmed, inter alia , in article 2, paragraph 3 of the Convention concerned.
"The observance of provisions set up in article 3 of this Convention is necessitated by the need to ensure more effective protection for persons who might be in danger of being subjected to torture and this is obviously one of the principal purposes of the Convention.
"Therefore, the Czechoslovak Socialist Republic does not recognize these reservations as valid."
France (20 September 1989):
France considers that the reservations made by Chile are not valid as being incompatible with the object and purpose of the Convention.
Such objection is not an obstacle to the entry into force of the Convention between France and Chile.
Sweden (25 September 1989):
". . . These reservations are incompatible with the object and purpose of the Convention and therefore are impermissible according to article 19 (c) of the Vienna Convention on the Law of Treaties. For this reason the Government of Sweden objects to these reservations. This objection does not have the effect of preventing the Convention from entering into force between Sweden and Chile, and the said reservations cannot alter or modify, in any respect, the obligations arising from the Convention."
Spain (26 September 1989):
. . . The aforementioned reservations are contrary to the purposes and aims of the Convention.
The present objection does not constitute an obstacle to the entry into force of the Convention between Spain and Chile.
Norway (28 September 1989):
". . . The Government of Norway considers the said reservations as being incompatible with the object and purpose of the Convention and therefore invalid.
"This objection is not an obstacle to the entry into force of the said Convention between Norway and Chile."
Portugal (6 October 1989):
". . .The Government of Portugal considers such reservations to be incompatible with the object and purpose of this Convention and therefore invalid.
"This objection does not constitute an obstacle to the entry into force of the Convention between Portugal and Chile."
Greece (13 October 1989):
Greece does not accept the reservations since they are incompatible with the purpose and object of the Convention.
The above-mentioned objection is not an obstacle to the entry into force of the Convention between Greece and Chile.
Finland (20 October 1989):
". . . The Government of Finland considers the said reservations as being incompatible with the object and purpose of the Convention and therefore invalid.
"This objection is not an obstacle to the entry into force of the said Convention between Finland and Chile."
Canada (23 October 1989):
"The reservations by Chile are incompatible with the object and purpose of the Convention Against Torture and thus inadmissible under article 19 (c) of the Vienna Convention on the Law of Treaties."
Turkey (3 November 1989):
"The Government of Turkey considers such reservations to be incompatible with the object and purpose of this Convention and therefore invalid.
"This objection does not constitute an obstacle to the entry into force of the Convention between Turkey and Chile."
Australia (7 November 1989):
"[The Government of Australia] has come to the conclusion that these reservations are incompatible with the object and purpose of the Convention and therefore are impermissible according to article 19 of the Vienna Convention on the Law of Treaties. The Government of Australia therefore objects to these reservations. This objection does not have the effect of preventing the Convention from entering into force between Australia and Chile, and the afore-mentioned reservations cannot alter or modify, in any respect, the obligations arising from the Convention."
Netherlands (7 November 1989):
"Since the purpose of the Convention is strengthening of the existing prohibition of torture and similar practices the reservation to article 2, paragraph 3, to the effect to an order from a superior officer or a public authority may - in some cases - be invoked as a justification of torture, must be rejected as contrary to the object and purpose of the Convention.
"For similar reasons the reservation to article 3 must be regarded as incompatible with the object and purpose of the Convention.
"These objections are not an obstacle to the entry into force of this Convention between the Kingdom of the Netherlands and Chile."
Switzerland (8 November 1989):
These reservations are not compatible with the object and purpose of the Convention, which are to improve respect for human rights of fundamental importance and to make more effective the struggle against torture throughout the world.
This objection does not have the effect of preventing the Convention from entering into force between the Swiss Confederation and the Republic of Chile.
United Kingdom of Great Britain and Northern Ireland (8 Novem- ber 1989):
"The United Kingdom is unable to accept the reservation to article 2, paragraph 3, or the reservation to article 3."
In the same communication, the Government of the United Kingdom notified the Secretary-General of the following:
"(a) The reservations to article 28, paragraph 1, and to article 30, paragraph 1, being reservations expressly permitted by the Convention, do not call for any observations by the United Kingdom.
"(b) The United Kingdom takes note of the reservation referring to the Inter-American Convention to Prevent and Punish Torture, which cannot, however, affect the obligations of Chile in respect of the United Kingdom, as a non-Party to the said Convention."
Austria (9 November 1989):
"The reservations [. . .] are incompatible with the object and purpose of the Convention and are therefore impermissible under article 19 (c) of the Vienna Convention on the Law of Treaties. The Republic of Austria therefore objects against these reservations and states that they cannot alter or modify, in any respect, the obligations arising from the Convention for all States Parties thereto."
New Zealand (10 December 1989):
". . . The New Zealand Government considers the said reservations to be incompatible with the object and purpose of the Convention. This objection does not constitute an obstacle to the entry into force of the Convention between New Zealand and Chile."
Bulgaria (24 January 1990):
"The Government of the People's Republic of Bulgaria considers the reservations made by Chile with regard to art. 2, para. 3 and art. 3 of the Convention against torture and other forms of cruel, inhuman or degrading treatment or punishment of December 10, 1984 incompatible with the object and the purpose of the Convention.
"The Government of the People's Republic of Bulgaria holds the view that each State is obliged to take all measures to prevent any acts of torture and other forms of cruel and inhuman treatment within its jurisdiction, including the unconditional qualification of such acts as crimes in its national criminal code. It is in this sense that art. 2, para. 3 of the Convention is formulated.
"The provisions of art. 3 of the Convention are dictated by the necessity to grant the most effective protection to persons who risk to suffer torture or other inhuman treatment. For this reason these provisions should not be interpreted on the basis of subjective or any other circumstances, under which they were formulated.
"In view of this the Government of the People's Republic of Bulgaria does not consider itself bound by the reservations."
Further, in a communication received on 3 September 1999, the Government of Chile withdrew the following reservation made upon ratification:
The Government of Chile will not consider itself bound by the provisions of article 30, paragraph 1 of the Convention.
13. In a communication received on 30 May 1990, the Government of Guatemala notified the Secretary-General that it has decided to withdraw the reservations made by virtue of the provisions of articles 28 (1) and 30 (2), made upon accession to the Convention.
14. In a communication received on 13 September 1989, the Government of Hungary notified the Secretary-General that it has decided to withdraw the following reservations relating to articles 20 and 30 (1) made upon ratification:
The Hungarian People's Republic does not recognize the competence of the Committee against Torture as defined by article 20 of the Convention.
The Hungarian People's Republic does not consider itself bound by the provisions of paragraph 1 of article 30 of the Convention.
15. On 26 February 1996, the Government of Germany notified the Secretary-General that with respect to the reservations under I (1) and understandings under II (2) and (3) made by the United States of America upon ratification "it is the understanding of the Government of the Federal Republic of Germany that [the said reservations and understandings] do not touch upon the obligations of the United States of America as State Party to the Convention.".
16. In a notification received on 19 February 1999, the Government of Zambia informed the Secretary-General that it had decided to withdraw its reservation to article 20 of the Convention, made upon accession. The text of the reservation reads as follows:
"With a reservation on article 20."
17. On 15 June 1999, the Governement of Portugal notified the Secretary-General that the Convention would apply to Macau.
Subsequently, the Secretary-General received, on 21 October 1999, from the Government of Portugal, the following communication:
"In accordance with the Joint Declaration of the Government of the Portuguese Republic and the Government of the People's Republic of China on the Question of Macau signed on 13 April 1987, the Portuguese Republic will continue to have international responsibility for Macau until 19 December 1999 and from that date onwards the People's Republic of China will resume the exercise of sovereignty over Macau with effect from 20 December 1999.
From 20 December 1999 onwards the Portuguese Republic will cease to be responsible for the international rights and obligations arising from the application of the Convention to Macau."
18. On 4 August 1998, the Government Bahrain withdrew the following reservation to article 20 made upon accession:
1. The State of Bahrain does not recognize the competence of the Committee for which provision is made in article 20 of the Convention.